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STATE v. BROWN

No. 43969.

216 N.W.2d 263 (1974)

STATE of Minnesota, Appellant, v. William J. BROWN, Jr., Respondent.

Supreme Court of Minnesota.

March 22, 1974.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., William B. Randall, County Atty., Kenneth J. Fitzpatrick, City Atty., A. Keith Hanzel and Michael T. DeCourcy, Asst. City Attys., St. Paul, for appellant.

Cochrane & Bresnahan, John A. Cochrane, and James G. Roban, St. Paul, for respondent.

Heard before KNUTSON, C. J., and OTIS, PETERSON, and MULALLY, JJ., and considered and decided by the court.

PER CURIAM.

The state, on September 22, 1972, filed its notice of appeal from a September 19, 1972, order of the municipal court of St. Paul suppressing certain state evidence against defendant in a prosecution for driving while under the influence of an alcoholic beverage, Minn.St. 169.121. The state's brief was not filed until May 9, 1973, and thereafter the case was set for hearing on October 1, 1973. The appeal is dismissed because such appeal may not be heard...

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